Attachment_1_GHS_Performance_Work_Statement_20_July_2018.pdf

Attachment 1 Solicitation: HTC711-18-R-C002

20 July 2018

Performance Work Statement (PWS)

Global Heavyweight Service (GHS)

TABLE OF CONTENTS

1.0. Contract Scope

1.1. International Heavyweight Service

1.2. Domestic Heavyweight Service (RESERVED)

1.3. Foreign Military Sales (FMS)

1.4. On-Ramp Provision

2.0. General Information

2.1. U.S. Central Command (CENTCOM) Specific Information

2.2. Customs

2.3. Subcontractor Suitability

2.4. Special Handling

2.5. Contract Rates

2.6. Pickup and Delivery

2.7. Incorrect Address/Address Adjustment/Address Correction

2.8. Attempted Delivery

2.9. Undeliverable Shipments/Refusal by Consignee

2.10. Delivery Commitment/Guarantee

2.11. Shipment Tracking

2.12. Integrated Data Environment (IDE) / Global Transportation Network (GTN)

Convergence (IGC)

2.13. Contractor Furnished Resources

2.14. Commercial Forms and Procedures (CF&P)

2.15. Ordering

2.16. Damaged or Lost Shipment Liability

2.17. Invoicing/Payment

2.18. Meetings

2.19. Installation Security

2.22. General Security

2.21. Contractor Reports

2.22. Refusal of Unsafe Freight

2.23. Freight Carrier Registration Program (FCRP)

3.0. Cost Recovery Rate

4.0. Cyber Security

4.1. General Cyber Security Requirements

4.2. Cyber Security Assessments and Mitigation Plans

4.3. Cyber Incident Reporting

5.0. Deliverables Table

6.0. Service Delivery Summary

APPENDICES

Appendix 1.1 – Definitions and Acronyms Appendix 1.2 – Safety and Audit Oversight Checklist Appendix 1.3 – IGC Data Feed Requirements Appendix 1.4 – Monthly Reporting Instructions Appendix 1.5 – CUI Requirements Table Appendix 1.6 – NIST .SP.800-171-POAM-Template

1.0. Contract Scope. This contract provides heavyweight delivery services for international shipments. Services shall be provided for the U.S. Department of Defense (DoD), other Federal Government agencies, and contractors who have a cost-reimbursable contract line item number under another Government contract which includes transportation of freight (Cost-Reimbursable Contractors (CRC)). The contractor is required to provide door-to-door, time-definite, pick-up and delivery, transportation, timely and accurate shipment tracking, government Third Party Payment System (TPPS) participation, customs clearance processing (if applicable) and shipment data reporting. The contractor shall provide these services for international shipments over 300 lbs., which includes Alaska, Hawaii, and Puerto Rico. The government anticipates adding domestic heavyweight express service at a future date.

1.1. International Heavyweight Service. The contractor shall provide international commercial heavyweight pickup and delivery service for international shipments over 300 lbs. The contractor is required to provide door-to-door, time-definite, pickup and delivery service, timely and accurate shipment tracking, customs clearance processing and shipment data reporting. This international service contains limited shipment capability for select Security Risk Code (SRC) III and IV items.

1.1.1. International Heavyweight Accessorial Service. International heavyweight accessorial services are specifically identified and priced separately in Attachment 2, Pricing Matrix.

1.1.2. International Heavyweight Size/Weight Limitations. For international heavyweight service, no single package shall be less than 301 lbs. in either actual or dimensional weight, whichever is greater. Dimensional weight for international shipments shall be calculated using the following formula for shipments tendered in pounds (lbs.) and inches: Length x Width x Height divided by dimensional factor listed in Attachment 2, Pricing Matrix. The contractor shall charge the actual weight or the dimensional weight, whichever is greater. Dimensions of one-half inch or greater are rounded up to the next whole number; dimensions less than one-half inch are rounded down to the next whole number. The final calculation is rounded up to the next whole pound.

1.1.3. International Transit Times. Each of the contractor’s contractual international not-to-exceed (NTE) transit-times will be identified in Attachment 2, Pricing Matrix.

1.2. Domestic Heavyweight Service (RESERVED).

1.3. Foreign Military Sales (FMS). This contract may be used to ship U.S. Government-sponsored FMS cargo.

1.4. On-Ramp Provision. The Government reserves the right to accept proposals from new CRAF carriers, who were not in the CRAF program prior to contract award, if it is in the Government’s best interest to add new contractors to the original pool of contract holders.

Proposals received after contract award will be evaluated using the evaluation methodology and documentation pursuant to FAR 52.212-2 as stated in solicitation HTC711-18-R-C002.

The ordering period for new awardees being added to the initial awardee pool will coincide with the initial awardees’ ordering period and shall not extend the overall term of the contract.

2.0. General Information

2.1. CENTCOM Specific Information

2.1.1. CENTCOM Safety and Audit Oversight Program. In order to provide service to a CENTCOM Area of Responsibility (AOR) location, the Civil Reserve Air Fleet (CRAF) Contractor is required to maintain a safety and audit oversight program on all subcontracted contractor air carriers that operate into or out of a military controlled Forward Operating Base (FOB)/Forward Operating Location (FOL) airfields. This section does not apply to operations into or out of civilian-controlled airfields without a joint-use military presence where air carrier operations are governed by the applicable country Civil Aviation Authority (CAA) requirements. As a minimum, the CRAF Contractor shall comply with the technical requirements identified in the Appendix 1.2, Safety and Audit Oversight Checklist. In addition, the CRAF Contractor shall not use air contractors listed on the European Banned Carrier Listing at https://ec.europa.eu/transport/modes/air/safety/air-ban_en, the Excluded Parties Listing, at https://www.sam.gov/portal/public/SAM/, and the Department of Treasury: Office of Foreign Assets Control, Special Designated Listing at http://www.ustreas.gov/offices/enforcement/ofac/sdn/.

2.1.1.1. CRAF contractors who will utilize a subcontracted contractor to perform any portion of the airlift requirement operating into or out of military controlled Forward Operating Base (FOB)/Forward Operating Location (FOL) airfields, within the CENTCOM AOR, must assess the level of safety of the subcontracted contractor.

This assessment will be based upon a safety audit performed by the CRAF contractor or an independent International Air Transport Association (IATA) accredited third-party audit organization. AMC/A3B approved US-flag or foreign flag subcontracted contractors are exempt from the audit as long as they remain on the AMC/A3B, DoD-approved carrier listing. AMC/A3B should be notified at 618-229-4801 when a subcontractor undergoes an audit conducted by an IATA third-party audit origination.

2.1.1.2. Following completion of each safety audit, the CRAF contractor shall issue a “Statement of Compliance” to the contracting officer affirming each subcontracted contractor complies with the technical requirements of paragraph 2.1.1. This certificate is valid for 24 months. The CRAF contractor shall develop a subcontracted contractor audit program providing for an onsite audit of subcontracted contractors at least every 24 months in order to issue a subsequent “Statement of Compliance.”

2.1.1.3. Should the U.S. Government determine any of the following conditions exist;

it may report the situation to the proper U.S. Government officials or take further corrective action:

2.1.1.3.1. Contractor’s failure to meet any of the obligations imposed by paragraph 2.1.1.

2.1.1.3.2. Involvement of one of the CRAF Contractor’s and/or subcontracted contractor’s aircraft in a serious or fatal accident, incident, or operational occurrence (regardless of whether or not such aircraft is being used in the performance of this contract).

2.1.1.3.3. Any other condition that affects the safe operation of contractor’s flight hereunder.

2.1.1.4. Within 90 calendar days of contract award, the contractor shall submit a safety and audit oversight compliance statement and provide the Contracting Officer a complete MS-Excel spreadsheet listing of all foreign flag subcontractors subject to safety audits outlined in paragraph 2.1.1. The information shall include the contractor’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the CRAF contractor’s last audit on the subcontractor. Any subcontractor changes after the initial 90 calendar days will require the CRAF contractor to complete the safety and audit oversight requirements prior to using a new subcontractor and shall require the CRAF contractor to provide an updated list to the Contracting Officer within five (5) business days. Updated listings shall also be provided when audits are accomplished in compliance with the 24 month renewal. Note: The U.S. Government retains the right to request copies of all completed audit reports.

2.1.1.5. Incident Reporting. In the event of an air, surface, or ground safety incident, within the CENTCOM AOR, the CRAF contractor shall immediately notify the CENTCOM Deployment and Distribution Operations Center (CDDOC) (Tel: 011- 965-2221-6340, then dial 430-6685), contracting officer, and program manager. The CRAF contractor shall state their name, which contract they represent, incident type, incident location, aircraft or vehicle type, aircraft tail number, and incident time (Zulu). Additionally, the contractor shall provide the contracting officer and the program manager the circumstances surrounding the incident, to include copies of cargo manifests within 12 hours.

2.1.1.6. Aircraft Recovery Process.

2.1.1.6.1. Within 12 hours of the incident, the contractor shall provide an aircraft recovery plan identifying their process to repair and remove the aircraft. The contractor shall provide daily status information to the senior airfield authority, contracting officer, and program manager on the progress to repair the aircraft.

2.1.1.6.2. The U.S. Government reserves the right to move the aircraft, at any time, off the active runway, taxiway or parking spot to another area as operational requirements dictate. The contractor shall be charged associated costs for movement of the aircraft.

2.1.2. Contractor Logistical Support for CENTCOM Only. The contractor will be responsible to work with the local CENTCOM in-country sponsor and the USTRANSCOM contracting officer to comply with the Synchronized Pre-deployment and Operational Tracker (SPOT) requirements prior to seeking badging. Pursuant to Expeditionary Contracting Command Afghanistan Clause 5152.225-5908, Government Furnished Contractor Support, contractor personnel shall be provided badging as specified in the clause for the particular area where personnel may be domiciled;

however, prior to approval, the contractor shall provide a letter listing each employee by location for which a badge is requested.

2.1.2.1. Emergency care for contractor personnel will be available in accordance with clause Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, paragraph (c)(2)(i).

2.2. Customs. The rates and the contractor’s commitment to meet the required delivery date shall be inclusive of all requirements to provide customs clearance for international shipments under this contract.

2.2.1. As a matter of customary international law and pursuant to a variety of international agreements, U.S. Government shipments are exempt from customs duties, taxes and similar charges for which no services are received. Accordingly, the U.S.

Government will not pay for or reimburse contractor for customs duties, taxes, and similar charges for which no services are received. The contractor is responsible for providing duty-free cargo clearance with host nation customs officials. Any customs fees arising during the contract performance period shall not relieve the contractor of its responsibility to meet the contracted required delivery date. If the contractor is presented with an inappropriate customs fee that it cannot resolve using its best efforts, it will refer the matter to the Contracting Officer for resolution.

2.2.2. The Contractor shall serve as the customs broker and appoint sub-agents, as necessary, to act directly or through such re-delegation, appointment, or designation to other customs brokers, persons or business concerns, as it deems necessary for performance of customs clearance and shall provide all customs forms necessary for customs clearance.

2.3. Subcontractor Suitability. Contractors shall submit a semi-annual report to the contracting officer for each first tier foreign transportation service provider, operating as a separate legal entity, contracting directly with contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. First tier foreign transportation service providers within scope include, but are not limited to: direct air carriers, indirect air carriers, freight forwarders, customs brokers, other brokers, ramp personnel, ground handling services, railway operators, trucking companies, and courier services. The report is due every six months on 31 October and 30 April.

2.3.1. The report shall include the following information:

2.3.1.1. Legal Company Name (in native language if known)

2.3.1.2. Complete Address including Country

2.3.1.3. Name, phone number and e-mail address of at least one point of contact at the company

2.3.2. The report shall include the following information if it is commercially available in the Contractor’s system:

2.3.2.1. Any Previous or Alternate Company Names

2.3.2.2. Fax number

2.3.2.3 Website URL

2.3.2.4. International Civil Aviation Organization (ICAO) or equivalent designator

2.3.2.5. Owner(s)/Director(s) name(s) and e-mail address(es)

2.3.2.6 Manager(s) name(s) and e-mail address(es)

2.3.3. For all foreign air carriers that fall within the scope of the reporting requirement, contractor shall provide a copy of the Air Operating Certificate.

2.3.4. Contractor is not required to limit reporting solely to subcontractors used for services under the contract, but rather, may provide a complete list of subcontractors within scope in contractor’s network. Additionally, the contractor shall be held to a collection and reporting standard measured by customary commercial practices; the Government acknowledges that this is a cooperative effort.

2.3.5. The contractor is responsible for appropriately marking sensitive information as proprietary/trade secret. The Government will handle proprietary/trade secret information within the applicable statutes, rules, and regulations regarding the handling and release of such information.

2.3.6. Prior to contract performance and periodically throughout performance, the contracting officer shall make available to the contractor the name of active or potential subcontractors determined to be unsuitable. The contractor shall not allow named entities to perform any role in performance under this contract. If the contractor chooses to terminate the unsuitable subcontractor, the Government shall not be liable for any costs incurred by the contractor in establishing or terminating use of the unsuitable subcontractor. The contractor may choose not to terminate the unsuitable subcontractor for use on its commercial contracts.

2.3.7. An unsuitable determination does not preclude the contractor from nominating an unsuitable entity for reconsideration during the contract performance period. The contractor is encouraged to provide the contracting officer additional information that may attest to the subcontractor's suitability. Any entity listed in the U.S. Government Consolidated Screening List (http://export.gov/ecr/eg_main_023148.asp) or otherwise prohibited per FAR Subpart 25.7, Prohibited Sources, will not be reconsidered.

2.4. Special Handling. The contractor shall provide special handling and delivery of materials that require a shipper’s certification or shipper’s declaration for dangerous goods.

The contractor shall provide pickup, special handling, and timely delivery of exempted and approved hazardous material within the provisions of the stated exemption or approval. The shipper is responsible and shall provide to the contractor all necessary and required data/documentation (including all exemptions and/or approvals) with each shipment of hazardous materials. The contractor shall not be liable or responsible for delays due to shipper’s acts or omissions including shipper documentation or cargo preparation errors.

2.5. Contract Rates. Contract rates established shall be inclusive of all associated transportation charges with the exception of accessorial charges, listed in Attachment 2, Pricing Matrix.

2.5.1 Rate and Price Adjustment. Contract rate adjustments will be accomplished on 1 Oct 2020 and 1 Oct 2021 via contract modification in the following order:

2.5.1.1. Cost Recovery Rate (CRR). The CRR percentage addressed in paragraph

3.0. will be re-calculated every fiscal year and may be adjusted by the government on an annual basis, utilizing guidance published by USTRANSCOM/J8. If an adjustment is made, the contractor may adjust all transportation and accessorial rates in an amount equal to the percentage increase or decrease of the new CRR.

2.5.1.2. Escalation. Contract rates will be adjusted based on application of the awarded escalation percentage identified in Attachment 2, Pricing Matrix. Escalation adjustments will be applied to all transportation and accessorial rates. Upon notification to the government, the contractor may choose to forgo the application of the escalation percentage. To determine the new rate, the current CRR will be removed, then escalation applied, and then the new CRR applied. Each calculation will be rounded to the ten thousandths. The final result will be rounded to hundredths.

Sample Calculation: (Current rate = $12.17, Current CRR = 2.2%, Escalation = 4%, New CRR=2.4%)

• 12.17/1.022=$11.9080

• 11.9080*1.04=$12.3843

• 12.3843*1.024=$12.6815

• New rate =$12.68

2.5.1.3. Service Contract Labor Standards Price Adjustment. Rate adjustments required via application of the Service Contract Labor Standards Act will be processed in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts).

2.5.1.4. Voluntary Rate Reduction. The Contractor may choose to lower individual transportation or accessorial rates annually.

2.6. Pickup and Delivery. The contractor’s equipment is subject to inspection by the shipper at the time of pickup or loading. Equipment found unsuitable for loading of material to be shipped will be rejected by the shipper. The rejected equipment will not relieve the contractor from meeting pickup and delivery requirements. Failure to meet pickup and/or delivery requirement due to rejected equipment constitutes unsatisfactory service under the terms of this contract.

2.6.1. Service is required on routine international business days, except Federal holidays, and/or those national holidays specific to international countries, as applicable. Any federal holiday the contractor offers as a normal business day to its commercial customers shall also be offered to government shippers and holiday charges shall not apply. Any other day designated as a holiday by Federal Statute or Executive Order shall also apply.

2.6.2. The contractor shall deliver the shipment in accordance to the shipper’s required delivery date. Any deliveries attempted after the close of business at a given location shall not be left in an unattended area unless other arrangements have been made for that specific shipment. Therefore, local arrangements for timing of daily pickup/delivery at locations are highly encouraged.

2.7. Incorrect Address/Address Adjustment/Address Correction. When the contractor determines a delivery address is incorrect, the contractor shall attempt to find the correct address through various means to include contacting the shipper, and complete delivery.

Unless otherwise agreed upon by the shipper and the contractor, the contractor shall attempt to correct any obvious destination address errors which would not cause late delivery of the shipment and deliver the shipment within the time requirements specified herein at no additional cost unless address correction services are provided.

2.7.1. When the contractor provides address correction services and charges an accessorial type fee for those services, the contractor will provide address correction information to the shipper upon shipper request.

2.8. Attempted Delivery. The contractor shall attempt to deliver the shipment to meet the required delivery date set by the shipper. For purposes of contract performance, delivery shall be considered accomplished on the date of the first delivery attempt as long as the contractor has documentation to show the consignee was notified of the delivery attempt.

2.9. Undeliverable Shipments/Refusal by Consignee. If a shipment is undeliverable, the contractor shall then contact the shipper for disposition or return instructions. If the contractor is unable to obtain disposition or return instructions from the shipper, the contractor shall return the cargo to the sender/shipper. The cost of any return or redirected deliveries requested by the shipper will be the responsibility of the shipper and billed in accordance with the contract rates identified in Attachments 2, Pricing Matrix. The contractor shall use a linked eBill and identify the shipment as a returned shipment in the TPPS notes block. If a consignee refuses to accept a delivery, the contractor shall annotate refusal on the order with date, time, and name of person who refused and contact the shipper for disposition instructions. For purposes of contract performance, delivery shall be considered accomplished on the date of the first refusal as long as the contractor has documentation to show the consignee refused the shipment. Shipments being returned to the shipper will be at the shipper’s expense. The contractor shall use a linked eBill and identify the shipment as a returned shipment in the TPPS notes block.

2.10. Delivery Commitment/Guarantee. The contractor shall meet the shipper’s required delivery date for international shipments 95% of the time and shall meet the shipper’s requested service level 98% of the time for domestic shipments throughout each performance period (1 April 2019-30 Sept 2019,1 Oct 2019-30 Sept 2020,1 Oct 2020-30 Sept 2021 and 1 Oct 2021-30 Sept 2022). At no time shall the contractor charge more than the service(s) rendered for domestic shipments. If at any time the carrier charges more than the actual services provided, the carrier will issue a credit/refund for the difference charged versus the actual service(s) provided. Note, the international maximum transit times provided by each carrier is simply a planning tool to assist the shipper. If a carrier does not believe they can meet the shipper’s requested delivery date, the carrier should not to bid on the shipment.

2.10.1. For those international shipments that do not meet the required delivery date, a shipper may initiate a credit request within 15 calendar days after the contractually required delivery date. The contractor may negotiate a credit with the shipper and resolve a credit request within 30 calendar days of credit request or the next billing cycle whichever is greater. If shipper-initiated credit is not requested within 15 calendar days after the contractually required delivery date, the contractor is not required to process the request or credit the U.S. Government. There are at least three methods to initiate a shipper-initiated credit:

2.10.1.1. Use of the U.S. Government approved TPPS notes or eBill functions to request credit for late delivery.

2.10.1.2. Use of the contractor’s webpage (if carrier has webpage) to request a credit for late delivery.

2.10.1.3. Use of e-mail/phone or other means of contact to request a credit.

2.10.2. Transportation Facilities Guide (TFG). The contractor shall review the TFG for installation policies regarding applicable requirements for normal operating hours, installation closures, or any other important information. The contractor can access the TFG at the ETA website https://eta.sddc.army.mil/. Failure to review the TFG for installation policies for pickup and delivery requirements may result in non-payment of detention, demurrage and/or storage charges. Additionally, failure to review the TFG for installation operating hours may result in late shipments, which the contractor will be held responsible.

2.11. Shipment Tracking. Access to shipment tracking shall be provided by the contractor for all shipments from the date and time of pickup, to the date and time of delivery. Each contractor shall provide 24-hours a day, seven days a week access to an online carrier tracking tool and/or manual tracking via email or a toll free telephone service.

2.11.1. Carrier tracking information shall include as a minimum: U.S. Government- Furnished Transportation Control Number (TCN) or shipper’s reference number, contractor’s unique identifying Commercial Bill of Lading (CBL) number, Airway Bill Number (AWB) number, dates and times for shipment origin (city, state, country, zip code), trans-shipment points-arrival and departure (city, state, country, zip code), Proof of Delivery (POD) with consignee’s name unless stamp or signature release is on file, and delay codes (if applicable).

https://eta.sddc.army.mil/

2.12. Integrated Data Environment (IDE)/Global Transportation Network (GTN) Convergence (IGC). The Contractor shall provide an interface with the U.S. Government’s IGC as required in attached Appendix 1.3, IGC Data Feed Requirements, without restriction.

2.12.1. Development and execution of Electronic Data Interchange (EDI) transaction sets within the scope of the contract will be agreed upon by the IGC Program Office and detailed and documented in the standard Military Surface Deployment and Distribution Command’s (SDDC’s) Trading Partner Agreement (TPA) prior to contract performance.

The trading partner agreement information can be accessed via SDDC webpage at https://www.sddc.army.mil/domTrans/Documents/Welcome%20Package%20Oct%20201 5.pdf.

2.12.2. The Contractor shall be capable of providing an accurate data feed to IGC in accordance with Appendix 1.3, IGC Data Feed Requirements, in order to begin contract performance.

2.13. Contractor Furnished Resources.

2.13.1. When capability exists, the contractor shall allow the generation and printing of Air Waybills (AWB) by an electronic proprietary shipment system ((Cargo Movement Operation System (CMOS), Distribution Standard System (DSS), Financial and Air Clearance Transportation System (FACTS), Global Freight Management (GFM)). These systems must meet the contractor’s specifications or be approved by the contractor for interface.

2.13.2. The contractor shall participate in the government’s development and testing of automated shipper systems. This will be in support of the government’s implementation of, and updates to utilize existing contractor’s interface(s) for shipment processing.

2.14. Commercial Forms and Procedures (CF&P). Unless otherwise stated in this PWS, the contractor shall provide all commercial forms (CFs) (electronically and hard copy) necessary for the successful pickup, transportation, and delivery of all items under this contract.

2.14.1. Both hardcopy CBLs and electronic commercial forms shall have 20 alphanumeric spaces for the DoD agencies or organizations to use.

2.14.2. Terms and Conditions of the CBL are applicable to shipments moving under CBLs, commercial forms, or other approved documents.

2.15. Ordering. For the purposes of this contract, a CBL, electronic CF, U.S. Government Bill of Lading (GBL), U.S. Government charge card, Air Waybill, written task order or other ordering process as approved by the contracting officer shall constitute the task order for shipment delivery services.

2.15.1. Shippers are authorized to issue CBLs/AWBs when supporting DD Form 1348- 1A, DD Form 1149, DD Form 1384, and DD Form 250. Supporting documents will be retained with the shipment. The contractor shall advise the shipper of contractor specific required documentation to execute a shipment. Shippers should be advised that U.S.

Government required paperwork (e.g. U.S. export documentation, AWB, and hazardous material documentation) might be required to accompany the shipment. Shippers furnishing supporting documents, contract data, or other information to contractors are responsible for their accuracy.

2.15.2. Shipments may be placed through DoD freight management systems (e.g. CMOS, DSS, FACTS, GFM), the contractor’s commercial website (if available), or the manual email process.

2.15.3. Each individual requirement will be competed at the task order level establishing a competitive price for each, using the best value criteria. Task Orders will be issued in accordance with FAR 16.505(b) and DFARS 216.505-70. Selection of contractors to provide services will utilize a best value approach based on factors such as quality of service and past performance. Under the best value approach, cost is not the only factor in contractor selection. Quality of service and performance factors include, but are not limited to, on-time pickup and delivery percentage, lost or damaged cargo percentage, number of claims, and provider availability.

2.16. Damaged or Lost Shipment Liability. The contractor shall be liable in the amounts set out below in paragraph 2.16.1 for damage to or loss of cargo occurring from and after the time it takes possession until delivered to the consignee.

2.16.1. International. If loss or damage to cargo occurs during a shipment involving an international air transportation segment, Chapter III of the Convention for the Unification of Certain Rules for International Carriage by Air (referred to as the Montreal Convention of 1999) relating to liability for the damage to, or loss of, cargo applies. The Contractor's liability shall be limited to the lesser of the actual value of the cargo or the amount determined in accordance with the Montreal Convention of 1999, except when the shipper declares a higher value for carriage liability on the shipment documentation and pays a commensurate surcharge in accordance with the Attachment 2, Pricing Matrix, in which case the contractor's maximum liability shall be equal to the higher declared value.

2.16.2. Domestic. RESERVED

2.16.3. The Contractor shall provide notification to the shipper of any incident (e.g. hard landing or crash) within 24 hours; also, they shall provide a copy of the manifest to shippers within 48 hours if available.

2.16.4. The contractor shall provide an online or manual claims process for U.S.

Government for lost or damaged packages. Claims submitted shall be acknowledged, communicated or acted upon within 24 hours.

2.16.5. The contractor shall use the web-based GFM Discrepancy Identification System (DIS), where Transportation Discrepancy Reports are generated, to report, track, and resolve shipment discrepancies involving DoD shipments valued at $500 or more.

2.16.6. Claims may be filed by the shipper within 30 calendar days after delivery or anticipated delivery unless the contractor’s commercial practice allows for a longer period for shippers to file claims, in which case, the contractor’s commercial claim filing deadline will apply.

2.17. Invoicing/Payment. Third Party Payment System (TPPS). All contractors shall be TPPS capable. Per the Defense Transportation Regulation (DTR), Part II, Chapter 212, mandates DoD to utilize TPPS to pay for transportation services.

2.17.1. TPPS is an automated on-line payment processing and transaction tracking system that supports logistical transactions and is utilized by some U.S. Government shippers. A designated financial institution receives a transaction processing fee for every paid transaction. It consists of five primary functions: (1) electronic data transmission, (2) payment approval process, (3) electronic payment and billing, (4) communication for dispute resolution, and (5) customized data analysis.

2.17.2.1. Contractors are required to either submit the shipment’s contract number via Electronic Data Interchange (EDI) or provide the contract number when entering invoices. In the event contractors need assistance configuring their EDI file to include the contract number, contractors can call the TPPS’s customer service help desk and a representative will open a Service Request to assign an EDI analyst for assistance.

2.17.2.2. The contractor shall indicate on the billing documents submitted to the paying activity those shipments that have been adjusted if the shipment weight listed is different from the actual weight (e.g., as a result of reweigh or dimensional weight).

Billing documents shall include the revised weight and/or revised dimensions for dimensional weight adjustments. If the shipper does not indicate the shipping weight, the contractor shall weigh the package and annotate the weight.

2.17.2.3. Contractor shall issue any credits due to the shipper via the TPPS using a linked eBill transaction. Credits will be at the transaction level. In case of a special circumstance requiring a large bulk refund covering many transactions, the contractor may contact the shipper’s financial office to discuss a possible alternate bulk refund process.

2.18. Meetings. The contractor shall be required to attend meetings at a U.S. Government identified location at no additional charge to the U.S. Government when requested by the contracting officer. Meetings are estimated to be requested no more than twice per year.

Visit requests shall be submitted in JPAS for contractor personnel visiting USTRANSCOM on Scott AFB, IL.

2.19. Installation Security. The contractor shall comply with all local security regulations.

Security regulations are directive in nature and shall be adhered to by all contractor personnel. In addition, the contractor shall (consistent with their commercial procedures), provide a method to protect the integrity and proper functioning of all equipment and systems involved in the operation of this contract. Any equipment and information processing systems containing government information shall have security measures to protect against unauthorized disclosure.

2.20. General Security. DoD Common Access Cards (CACs) will not be issued for contractor personnel unless the contracting officer determines the physical access to bases or facilities or Information Technology (IT) systems is required in the performance of this contract. Contractor personnel deemed not CAC eligible will not be considered for CAC issuance. CAC eligibility will be determined by the contracting officer in conjunction with USTRANSCOM J3-M. If a contractor employee on this contract is determined to be CAC eligible, he or she must have an adjudicated Tier 1 or National Agency Check with written Inquiries (NACI) or higher background investigation that is not out of scope recorded in Joint Personnel Adjudication System (JPAS).

2.20.1. “UNCLASSIFIED//FOR OFFICIAL USE ONLY” information shall be protected per DoDM 5200.01, Volume 4.

2.21. Contractor Reports. All contractor reports shall reflect sales in U.S. Dollars regardless of the currency the monies were invoiced in.

2.21.1. Shipment Details. The contractor shall submit shipment details to the government no later than the 18th of each month for the previous month's activity (shipments invoiced during the previous month). Each report will contain three separate data files.

For reporting requirements, refer to Appendix 1.4, Monthly Reporting Instructions.

2.21.1.2. In the event errors (e.g. missing information) are found in the Shipment Details submitted by the contractor, the government shall provide written notice and a description of the error via email to the contractor. For issues with specific records, the government shall provide a data file containing the erroneous records with error descriptions. The contractor shall have one (1) business day to acknowledge receipt of the notice and provide identification to a resolution for the error. The contractor shall have two (2) business days after acknowledgement to submit corrections for any identified errors. The contractor may be granted additional time, provided an action plan has been submitted to and approved by the PMO.

2.22. Refusal of Unsafe Freight. The contractor shall refuse cargo they deem to be unsafe or may otherwise damage either the contractor's property or another shipper's cargo.

2.23. Freight Carrier Registration Program (FCRP). The contractor shall be approved through SDDC’s FCRP and placed on the approved DoD freight carriers list prior to receiving shipments for delivery. FCRP requirements and instructions are located on SDDC’s web site at: https://stallion.eta.sddc.army.mil//ccp/jsp/CCPScac.jsp. Further assistance may be obtained by contacting the FCRP Program at 1-618-220-6470

3.0. Cost Recovery Rate (CRR). A CRR shall be applied to revenue of all contract services.

3.1. The contractor shall pay USTRANSCOM a CRR for services performed under this contract. The contractor shall remit the CRR in U.S. dollars within 60 calendar days after the end of each semiannual period. The CRR equals 2.3% of total revenues received during the period for FY19. The CRR is subject to change annually based on the fiscal year.

3.1.1. The contractor shall provide an email to the contracting officer identifying the semiannual dollar value (rounded to the nearest whole dollar) of all revenue received under this contract every six months by the end of the month following the end of the previous six months of activity. The dollar value of a sale is the price billed/invoiced to each customer for products and services requested under this contract, and the revenue is the money received by the contractor for payment of those services. If no revenue is received, the contractor shall notify the Contracting Officer.

3.1.2. The contractor shall submit one payment for the semiannual period within 60 calendar days after the end of the semiannual period. To ensure that the payment is credited properly, the contractor shall identify the check or electronic transmission as a USTRANSCOM GHS STSS COST Recovery Rate, EEIC 45418, " and include the following information: contract number; payment amount(s); and associated period of performance. If the contractor makes payment by check, they shall provide this information on either the check; check stub, or other remittance material.

3.1.3. If paying the CRR payment by check, the contractor shall forward the check to the following address:

TWCF DFAS-3877 JAMJA/LI DISB OPS DIRECTORATE

8899 E 56TH STREET

ATTN: 3801 LIMESTONE FIELD SITE INDIANAPOLIS, IN 46249

3.1.4. If paying the CRR payment by Electronic Funds Transfer (EFT), online payment in US dollars at Pay.Gov is available using DFAS Contractor Debt Payment 3801 form as follows:

1. Go to https://www.pay.gov

2. Click ‘Find an Agency’

3. Click the letter ‘D’ for DFAS

4. Click ‘Defense (DOD) Defense Finance and Accounting Service (DFAS)

5. Click DFAS Limestone Public Vendor Payment 3801/3877

6. Continue to form

7. Click on form

8. Fill in information

9. Fill in contract number in “TWCF Invoice” field

10. Continue to next page for payment

3.1.5 To determine the semi‐annual CRR amount owed to the Government the following calculation will be completed:

– Remove the current year’s CRR from the revenue reported (revenue divided by (1+CRR))

– That total will then be multiplied by the CRR Sample Calculation: (Revenue reported=$2,648,315, CRR=2.2% (.022))

• $2,648,315/1.022=$2,591,306.26

• $2,591,306.26*.022=$57,008.74

• $57,008.74 is the CRR amount owed to the Government

4.0. Cyber Security

4.1. General Cyber Security Requirements.

4.1.1. Handling and Protection of Non-Public Information. In performance of this contract, the contractor may have access to DoD Transactional Information (DTI), which for the purposes of this section shall mean any information developed or received in the course of planning, ordering, shipping, tracking, and invoicing in support of the requirements of this contract. To adequately protect this DTI, contractor information systems (IS) involved in the performance of this contract shall comply with the security requirements in the current version of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”. Compliance with NIST SP 800-171 measures is required at the prime contractor level and does not apply to subcontractors and other entities that the prime contractor engages with in order to meet the requirements of this contract. Additionally, the contractor agrees to use such information only for the purposes of fulfilling the contracted requirements and to protect such information from unauthorized release or disclosure. Protection of the DTI does not abrogate any responsibilities of the contractor to comply with or implement additional cyber security requirements as part of generally accepted system security principles or as required by other categories of information that may be co-resident with the DTI on the contractor’s IS.

4.1.2. Operationally Critical Support. The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

4.2. Cyber Security Assessments and Mitigation Plans. The contractor shall provide a Self-Assessment of its compliance with NIST SP 800-171 and present a Plan of Action that identifies any deviations, non-compliance, or proposed alternative means of compliance as well as plans for correcting non-compliant requirements to the contracting officer within 60 calendar days of contract award and then annually thereafter. The Self-Assessment and Plan of Action shall address all of the requirements in NIST SP 800-171. The table in Appendix 1.5, CUI Requirements Table, provides modified requirements of CUI/CDI specific controls from NIST SP 800-171 that will be used to evaluate compliance in a non-CUI/CDI environment. Additionally, at any time during the period of performance, when a contractor determines it is non-compliant with a NIST SP 800-171 requirement or an approved alternate means of compliance resulting in a High or Moderate Potential Impact as defined in Federal Information Processing Standards Publication (FIPS PUB) 199, “Standards for Security Categorization of Federal Information and Information Systems,” the contractor shall submit a Plan of Action within 15 calendar days of the determination of non-compliance.

4.2.1. Plans of Action and any requests to vary from NIST SP 800-171 shall be submitted to the contracting officer for consideration and approval by USTRANSCOM. The Contractor need not implement any security requirement determined by USTRANSCOM to be non-applicable or to have an equally effective alternative security measure implemented in its place. The Plan of Action shall follow the template provided in Appendix 1.6, NIST.SP.800-171 Template. Alternate formats for the Plan of Action may be proposed and must be approved by USTRANSCOM.

4.2.2. USTRANSCOM may conduct an on-site visit to a contractor's facility or request a third party assessment (U.S. Government agency or U.S. Government funded commercial entity) to review progress towards meeting their Plan of Action, evaluate any proposed variances to NIST SP 800-171 requirements, and to assess residual risk to the DTI resulting from the non-compliance. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance

4.3. Cyber Incident Reporting. When the contractor discovers a cyber-incident, as defined in DFARS Clause 252.204-7012, that affects the contractor’s ability to perform the operationally critical support as identified in the contract, the contractor shall, as soon as practicable, but no later than 72 hours after discovering the incident, notify the USTRANSCOM Deployment and Distribution Operations Center (DDOC) Chief at 618-220- 7700. If the contractor does not immediately reach the DDOC Chief via phone, the contractor shall send a notification email to transcom.scott.tcj3.mbx.ddoc-chief@mail.mil.

The contractor shall provide an initial description of the incident that will include the information known at the time of the notification and shall provide a company POC who shall work with USTRANSCOM DDOC through the resolution of the incident. The contractor shall also report the incident as outlined in DFARS 252.204-7012.

USTRANSCOM may conduct an on-site review to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance.

5.0. Deliverables Table.

PWS Task Deliverable Title Format Distribution Task Delivery Date

2.1.1.4 Safety Audit

Statement of Compliance

MS-Word document and MS-Excel spreadsheet

Contracting Officer and Specialist

Within 90 calendar days of award, prior to use and every 24 months thereafter

2.1.1.4 Listing of all

foreign flag subcontractors

MS-Excel Document

Contracting Officer and Specialist

Within 90 calendar days of award, prior to use and every 24 months thereafter

2.1.2 SPOT Letter MS-Word or

MS-Excel Document

Contracting Officer and Specialist

30 days prior to start of contract and revised as necessary

2.3 Subcontractor

Suitability

MS-Word or MS-Excel Document

Contracting Officer and Specialist

Semi-annually (31 Oct & 30 Apr)

2.21.1 Shipment Details MS-Excel Contracting

Officer, Specialist &

PMO

18th of each month for the previous month

3.1 Cost Recovery

Rate (CRR)

Electronic Contracting Officer and Specialist

Semi-annually 30 calendar days after end of the period

3.1 Cost Recovery

Rate (CRR)

Payment DFAS Semi-annually 60 calendar days after end of the period

4.2 Cyber Security

Self-Assessment

Appendix 1.5 Contracting Officer and Specialist

60 days after award then annually

4.2 Cyber Security

Plan of Action

Electronic Contracting Officer and Specialist

60 days after award then annually

FAR Clause 52.222-50

Combating Trafficking in persons

Contracting Officer and Specialist

Annually

FAR Clause 52.219-9

Small Business Subcontracting plan (Large Business Only)

Electronic Contracting Officer and Specialist

Commercial Plan:

Annually, 30 working days prior to the end of the contractors fiscal year Individual Plan:

Due at time of proposal

FAR Clause 52.219-9

Small Business Subcontracting Report (Large Business Only) eSRS Contracting Officer and Specialist

Commercial Plan:

Due annually, 30 days after government’s fiscal year (30 Sep) by 30 Oct Individual Plan:

Due annually, 30 days after the end of each reporting period (31 Mar and 30 Sep) by 30 Apr and 30 Oct respectively

Clause 5152.225-5904

Monthly Contractor Census Reporting

Electronic Contracting Officer and Specialist

Monthly, by the first day of the following month

6.0 Service Delivery Summary

Performance Objective Reference Performance

Threshold International On-time Delivery PWS Para 2.10 95% on-time per performance period measured against RDDs

Shipment Tracking PWS Para 2.11 No more than 3 reported instances of non-availability per month.

Provide accurate Accredited Standards Committee (ASC) X12 214 transactions to the government value added network

Appendix 1.3 IGC Data Feed Requirements

No instances of failures within the Contractor’s control.

Damage or Loss-Free Shipments PWS Para 2.16 98% of shipments shall be damage and loss-free per year

Timely Shipment Detail Submission PWS Para 2.21.1 No more than two late submissions per year

Timely Recovery Rate Payment PWS Para 3.1 100% on-time submission